Criteria for Legal Advice....

Hi BVM,

Many thanks for your input.

Interesting comments as I've received an email this afternoon from Citizens Advice with links regarding a used car & if purchased from a dealership you have 'legal rights' for up to 6 years (5 in Scotland).

But only if you can show that you didn't cause the fault.....

I think the NOT 'fit for purpose' & 'of satisfactory quality' goes without saying after 51k miles!

I purchased the vehicle from Nissan in Yeovil, however it is Nissan in Bedford who have identified the 'engine is failing internally', so not sure if I could use their 'expert' opinion in a claim against the supplying dealer as I have their written report + an invoice as I paid to have a 'Diagnostic Check'..... what an interesting scenario that would be!

Nissan Bedford have said that the cost of 'stripping' the engine down to identify the defect & put right would cost the same as a replacement engine, hence the recommendation to replace.... yes of course it's the easy option for them.....

I'm going to wait until I hear back from Nissan since I have already raised a complaint & have an ongoing case number before contacting the supplying dealer.

I'll contact RAC but my cover with them is a free one provided by Nissan as part of the deal of using the dealerships for servicing, not sure if I'll qualify for technical advice....

Thanks Kaaspa. 

It may be helpful if I comment on the your observation "you have 'legal rights' for up to 6 years (5 in Scotland)." just in case there is a misunderstanding. 

As a matter of general law there are various rules about time limits in relation to claims. These are complicated (and I won't attempt  to fully explain them for England or Scotland). However what I am clear about is that the 6 year time limit you refer to is a time limit for raising a court action. In other words if you continue with this claim and it is not resolved you have 6 (5) years to bring the matter to court. If you fail to do that within the time limit then your claim is likely to be time barred. The clock would most likely start when you knew you had a claim.

So the time period  is a time limit  for enforcing your rights not a measurement of the length of the rights themselves. You may already have appreciated that but I hope this makes it clear. 

Thanks BVM.

Excellent interpretation. Interesting facts & not how I read it.

I'll just have to wait & see what Nissan come back with.

Appreciate your input.

The user and all related content has been Deleted User

Thanks DD

Just to rub salt in the wounds, I've just had a Nissan Customer Experience Survey email followed up by one from their Customer Quality Manager....

"We look forward to welcoming you again soon"

You couldn't make it up!

Update:

So to close this out, after writing to supplying dealership & the Comms Director, I received an email from the MD's team.....

Maximum 'Gesture of Goodwill' they are willing to offer is 50% on parts but I would be liable to all labour charges + VAT.

That still leaves me with a bill in excess of £5k which is only 36% of the total cost.

A local garage has said that injector 1 is showing a 10% fall & he would consider that as an impending failure although he would have preferred seeing it at 15%, the only reservation he has is there is no smokey exhaust..... I'm going to take a 'hit' & get it tested in the hope that this is the problem, if not will get the local garage to supply & fit a remanufactured engine with a saving of + £2k on Nissan or Get Rid.....

You got something from them, Kasspa, even though it’s not what you ideally hoped to hear. Well done on pursuing the issue as far as you have.

Thanks TW, how I dare to dream it turns out to be just an injector..... social media will be alive 

Awaiting my car back..... went the independent garage route via a remanufactured engine as I saved a further £1800 on Nissan's 50% contribution offer.....

Evidently, all 4 top end shells were worn!

Only just seen this thread but glad to see you got more than you were originally offered after getting the independent report.

I was going to comment on this bit of one of your posts:

I purchased the vehicle from Nissan in Yeovil, however it is Nissan in Bedford who have identified the 'engine is failing internally', so not sure if I could use their 'expert' opinion in a claim against the supplying dealer as I have their written report + an invoice as I paid to have a 'Diagnostic Check'..... what an interesting scenario that would be!

I had a something similar happen with a Hyundai. Following a routine service the car was left on the drive for a few days in freezing temperatures (important). We then went off with the caravan to a C.L. near Harrogate and a warning light came on very close to the C.L. Long story short the servicing Hyundai garage had nicked a brake pipe when taking servicing the vehicle causing the brake fluid to slowly drain out, and a local Hyundai dealer spotted the new hammer damage and sent photos to the original garage and had a lengthy conversation with them stating that the servicing garage was at fault. They eventually agreed to pay for all damage and labour so the the "All pals together" didn't apply in this scenario. I was very pleased with the Harrogate dealer as we aren't local and he nothing to gain from his actions. The heavy frosts probably stopped the brake fluid from draining out for the 3 days it was sat on the drive after service.

I'm glad that you pursued the claim and seem pleased with the result.